Tasmania v Martin (No 2)

Case [2011] TASSC 36


[2011] TASSC 36

COURT:  SUPREME COURT OF TASMANIA

CITATION:              Tasmania v Martin (No 2) [2011] TASSC 36

PARTIES:  STATE OF TASMANIA
  v
  MARTIN, Terence Lewis

FILE NO/S:  521/2009
DELIVERED ON:  23 June 2011
DELIVERED AT:  Hobart
HEARING DATE:  17, 18 February; 13, 14 April; 1 June 2011
JUDGMENT OF:  Porter J

Criminal Law – Procedure – Information, indictment or presentment – Joinder – By statute – Same facts or series of offences of same or similar character – Sexual offences against a young person – Joinder of count of possession of child exploitation material – Whether offences of same or similar character.

R v Carr [2003] TASSC 123; R v May [2007] QCA 333, applied.

Aust Dig Criminal Law [3075]

Criminal Law – Evidence – Propensity, tendency and coincidence – Admissibility and relevancy – Tendency under uniform evidence law – Other cases – Sexual offences against a young person – Admissibility of evidence of possession of child pornography – Whether evidence of significant probative value – Whether evidence should be excluded.

R v PWD (2010) 205 A Crim R 75; CGL v DPP (2010) 24 VR 486, applied.

Aust Dig Criminal Law [2782]

Criminal Law – Evidence – Propensity, tendency and coincidence – Admissibility and relevancy – Tendency and coincidence evidence under uniform evidence law – For particular purpose – Rebuttal of possible defence – Particular cases – Sexual offences against young person – Out of court statements by accused of abhorrence of sexual intercourse with young persons – Evidence of possession of child pornography admissible for purposes of context and credibility.

Aust Dig Criminal Law [2784]

Criminal Law – Evidence – Relevance – Particular cases – Sexual offences – Statutory prohibition except with leave on evidence of the sexual experience of the complainant – Leave not to be granted unless Court satisfied the evidence has direct and substantial relevance to a fact or matter in issue – Meaning of "direct and substantial relevance."

Evidence Act 2001, s194M(2).

Quenchy Crusta Sales Pty Ltd v Logi-Tech Pty Ltd [2002] SASC 374; VOT v Western Australia (2008) 184 A Crim R 284, applied.

Aust Dig Criminal Law [2675]

Criminal Law – Evidence – Relevance – Particular cases – Sexual offences against young person – Belief of accused as to age of complainant relevant to all counts – Offences committed in the course of complainant's work as a prostitute – Relevance of evidence of other clients of complainant as to observations and belief about age.

Simmons (1931) 23 Cr App R 25; USA v Yazzie 976 F 2d (9th Cir 1992), considered.
Aust Dig Criminal Law [2675]

REPRESENTATION:

Counsel:
             Crown:  D G Coates SC and J Ansell
             Accused:  P E Barker
Solicitors:
             Crown:  Director of Public Prosecutions
             Accused:  Dobson Mitchell & Allport

Judgment Number:  [2011] TASSC 36
Number of paragraphs:  118

Serial No 36/2011
File No 521/2009

STATE OF TASMANIA v TERENCE LEWIS MARTIN (NO 2)

REASONS FOR JUDGMENT  PORTER J

23 June 2011

Introduction

  1. These are determinations under…

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Tasmania v Martin (No 2) [2011] TASSC 36
Case
[2011] TASSC 36
Decision Date

CaseChat Overview and Summary

This case involved the determination of a number of preliminary issues in a criminal trial. The accused, Terence Lewis Martin, was charged with four counts in an indictment. The first three counts related to sexual offences against a 12 year old girl. The fourth count related to possession of child exploitation material. The court determined that the fourth count should be severed from the indictment. The court also ruled that the evidence of the possession of child exploitation material could be admitted to rebut statements made by the accused in his police interview. The court ruled that evidence of other men who had sexual contact with the complainant was relevant and admissible, and that leave should be granted for some of that evidence to be adduced.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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